PRADHAN REALCON PVT. LTD.,BHUBANESWAR vs. ITO, WARD-1(2), BHUBANESWAR
What did the Tribunal hold?
The Tribunal granted the assessee's application for withdrawal. The appeal was dismissed as withdrawn, with a liberty to refile if the Vivad Se Vishwas settlement was declined later.
What were the facts?
The assessee sought to withdraw their appeal before the ITAT, Cuttack Bench. This withdrawal was requested because the assessee intended to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether an appeal can be withdrawn to pursue settlement under the Vivad Se Vishwas Act. The procedural aspects of withdrawing an appeal for settlement purposes.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI C.M. GARG, JM & SHRI MANISH BORAD, AM
O R D E R Per Bench: This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-2, Bhubaneswar dated 22.09.2017.
In this case, the Authorised Representative of the assessee has moved an application seeking withdrawal of this appeal on the ground that the assessee has decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the declarations in Form No. 1 and Form No. 2 and the Designated Authority has issued the certificate in Form No. 3 as per Section 5(1) of the Scheme determining the tax payable by the assessee.
Keeping in view these facts and circumstances of the case that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn. However, in case the assessee's application under Vivad Se Vishwas Scheme, 2020 is declined at any later stage due to any reason then the assessee would be at liberty to file a miscellaneous application within the prescribed time-limit, as provided under the law for recalling the instant appeal.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 29/10/ 2021. Sd/- Sd/- (सी.एम.गगा) (मिीष बोरड़) (C.M.GARG) (MANISH BORAD) ऱेखा सदस्य / ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 29/10/2021 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीलाथी / The Appellant- 1. प्रत्यथी / The Respondent- 2. 3. आयकि आयुक्त(अऩील) / The CIT(A), आयकि आयुक्त / CIT 4. ववभागीय प्रनतननधध, आयकि अऩीलीय अधधकिण, कटक / DR, 5. ITAT, Cuttack 6. गार्ा पाईल / Guard file. सत्यावऩत प्रनत //True Copy// आदेशािुसार/ BY ORDER,
(Senior Private Secretary) आयकर अपीऱीय अधिकरण, कटक/ITAT, Cuttack
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